CABLE COMBINE COMMUNICATION PVT. LTD. Vs. MEDIA PRO ENTERPRISE INDIA PVT. LTD. AND ORS.
LAWS(TD)-2015-2-1
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Decided on February 04,2015

Appellant
VERSUS
Respondents

JUDGEMENT

Kuldip Singh, Member - (1.) THE dispute in the present petition pertains to the Subscriber Line Report (SLR) on the basis of which subscription agreement for the signals of the respondents is to be renewed between the parties.
(2.) THE petitioner is a Multi System Operator (MSO) providing cable TV services in the area of Siliguri. When the petition was filed, M/s. Media Pro Enterprise India Private, who was an agent of broadcasters supplying the signals of Star and Zee channels Limited, was the sole respondent. Subsequent to the filing of the petition, The Telecommunication (Broadcasting and Cable Services) Interconnection Regulations, 2004 was modified vide notification No. dated 10.2.2014. As a consequence of which, Media Pro Enterprise India Private Limited stopped supplying the signals of Star and Zee channels. On an oral request made by both sides, M/s. Star India (P) Ltd. and M/s. Taj Television (India) Pvt. Ltd. were impleaded as parties vide order of the Tribunal dated 25.9.2014. The petitioner and M/s. Media Pro, had entered into a subscription agreement dated 18.9.2012, the term of which was from 1.4.2012 to 31.3.2013. As per the agreement, the petitioner was to pay a sum of Rs. 32,04,106.29, excluding taxes, per month to the respondent as subscription fee for its signals.
(3.) ON 14.6.2013, the respondent issued notice to the petitioner under clause 4.1 of the Interconnect Regulations asking it to clear the outstanding of an amount of Rs. 1,00,42,312/ - and also to come forward with correct subscriber base details for renewal of the subscription agreement. A public notice was also issued by the respondent under clause 4.3 of the Regulations. The present petition was filed on 15 July 2013 seeking, inter alia, a declaration that the notices issued by the respondent were premature and illegal and a direction to the respondent to renew/sign the subscription agreement on reasonable and non -discriminatory terms.;


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